PilieroMazza obtained a favorable sustain decision from the FAA’s Office of Dispute Resolution for Acquisition (ODRA) in bid protest we filed on behalf of the protester.  Our protest principally challenged the FAA’s evaluation of past performance and corporate experience, as well as how discussions were conducted.  Regarding past performance and corporate experience, the issue was whether the FAA properly gave the awardee credit for the experience of another firm that was not a predecessor to the awardee or a team member for the project.  As for discussions, the issue was whether the FAA reasonably opened technical discussions with the awardee when there was a clear winner at the conclusion of the evaluation and there were no significant weaknesses or deficiencies in the awardee’s proposal. 

In sustaining both grounds of protest, the ODRA distinguished existing precedent regarding the evaluation of predecessor company experience.  The ODRA also clarified when discussions with offerors result in an improper “second bite at the apple.”  As a result of the ODRA’s ruling, the protester will now receive another opportunity to win the contract through the FAA’s reevaluation, which must be performed in accordance with the ODRA’s decision.